# C_2007211EN.01002201.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/22 |
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8.9.2007

EN

Official Journal of the European Union

C 211/22

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Reference for a preliminary ruling from the Tribunale civile di Genova (Italy) lodged on 2 July 2007 — Radiotelevisione italiana SpA (RAI) v PTV Programmazioni Televisive SpA

(Case C-305/07)

(2007/C 211/41)

Language of the case: Italian

Referring court

Tribunale civile di Genova (Italy)

Parties to the main proceedings

Applicant: Radiotelevisione italiana SpA (RAI)

Applicant:

Defendant: PTV Programmazioni Televisive SpA

Defendant:

Questions referred

| 1. | Assessed at both national and local level, does the fiscal obligation imposed, for the purpose of funding the public television service, on all owners of appliances capable of receiving radio and television signals constitute State aid within the meaning of Article 87 EC? |
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1.

Assessed at both national and local level, does the fiscal obligation imposed, for the purpose of funding the public television service, on all owners of appliances capable of receiving radio and television signals constitute State aid within the meaning of Article 87 EC?

| 2. | If Question (1) is answered in the affirmative: is the Commission decision notified to the Italian Foreign Minister on 20 April 2005 incompatible with Community law by reason of factual errors or misappraisal of the facts, inasmuch as it considers the derogation under Article 86(2) EC to be applicable to the RAI licence fee but fails to take into consideration that: — the broadcaster holding the concession is providing a public radio and television service at regional level in the absence of any definition, contained in regional legislation and specific service contracts, of the tasks which the broadcaster is required to perform in relation to broadcasting time and network planning for the broadcast of programmes at regional level; — given the failure to define the public-service obligations, it is not possible to ascertain whether the State resources intended for public service at local level are being used exclusively for such public-service activities; — the broadcaster holding the concession has not been entrusted, by means of an official act, with the performance of specific public-service obligations but has merely been generally authorised to provide a regional public service? |
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2.

If Question (1) is answered in the affirmative: is the Commission decision notified to the Italian Foreign Minister on 20 April 2005 incompatible with Community law by reason of factual errors or misappraisal of the facts, inasmuch as it considers the derogation under Article 86(2) EC to be applicable to the RAI licence fee but fails to take into consideration that: — the broadcaster holding the concession is providing a public radio and television service at regional level in the absence of any definition, contained in regional legislation and specific service contracts, of the tasks which the broadcaster is required to perform in relation to broadcasting time and network planning for the broadcast of programmes at regional level; — given the failure to define the public-service obligations, it is not possible to ascertain whether the State resources intended for public service at local level are being used exclusively for such public-service activities; — the broadcaster holding the concession has not been entrusted, by means of an official act, with the performance of specific public-service obligations but has merely been generally authorised to provide a regional public service?

| 3. | In general, does Article 86 EC preclude a national rule which, on the local markets, accords the individual Regions the legislative power to establish further regional public-service tasks, to be subsidised by way of State resources, by providing for the exclusive award of those further tasks to RAI SpA, without any public tendering procedure? |
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3.

In general, does Article 86 EC preclude a national rule which, on the local markets, accords the individual Regions the legislative power to establish further regional public-service tasks, to be subsidised by way of State resources, by providing for the exclusive award of those further tasks to RAI SpA, without any public tendering procedure?

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